EB-2 NIWMechanical and aerospace engineeringIndividualDecided March 2024Dismissed
Outcome: Dismissed
MAR262024_04B5203
Merit and national importanceMetWell positionedNot metBalance favors a waiverNot reached / not discussed
Our summary
Robotics and autonomous systems engineer with Ph.D. sought NIW for proposed autonomous robotics research. AAO held first prong met but dismissed appeal because petitioner is not well-positioned to advance endeavor; lacks specific employment offer and has not demonstrated concrete progress toward employment or research activities required to advance the work.
Official PDF
Official PDF ↗Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.
What the AAO accepted
- Merit and national importance · Proposed autonomous robotics research has substantial merit and national importance for national security, infrastructure, transportation, and emergency response.
What was missing
- Well positioned · Petitioner lacks specific employment offer and concrete plan; merely expresses intention to find postdoctoral position without documented progress or current research activities.
Criteria
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Met | Proposed autonomous robotics research has substantial merit and national importance for national security, infrastructure, transportation, and emergency response. |
 Well positioned | Not met | Petitioner lacks specific employment offer and concrete plan; merely expresses intention to find postdoctoral position without documented progress or current research activities. |
 Balance favors a waiver | Not reached / not discussed | Not reached on appeal due to failure of second prong. |
A published decision describes one case. It is not legal advice and not a prediction for yours.